JD Supra Ireland
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- Biosimilar Buyouts: AbbVie Buyout of Allergan Receives Approval of Irish High Court; Gedeon Richter Buys Tocilizumab Biosimilar
On May 8, 2020, AbbVie announced that it completed its acquisition of Allergan plc, having received approval by the Irish High Court. AbbVie and Allergan had previously announced, on May 5, 2020, that the U.S. Federal Trade Commission accepted the proposed consent order in connection with the acquisition.
- Guidelines on performance fees in UCITS and certain types of AIFs
ESMA published on 3 April 2020, its Final Report, ‘Guidelines on performance fees in UCITS and certain types of AIFs’ (the “Guidelines”). The Guidelines are the culmination of a consultation process started by ESMA in July 2019 (the “Consultation”) which sought stakeholder feedback on a range of issues relating to the use of performance fees by fund managers.
- Shareholders’ Rights Regulations 2020 – Impact on Irish MiFID Firms, UCITS Management Companies and AIFMs
The European Shareholders' Rights Directive II (“SRD II”) has been transposed into Irish law with the publication of the European Union (Shareholders’ Rights) Regulations 2020 (“Regulations”). The Regulations aim to promote greater shareholder involvement in the corporate governance of public companies which have a registered office in the EU and are listed on EU regulated markets (“Investee Companies”).
- COVID-19 Coronavirus Business Impact: Central Bank of Ireland Announces COVID-19-related Forbearance Measures
The Central Bank of Ireland (“CBI”) has issued a markets update1 (the “Update”) confirming flexibility for filing dates relating to certain regulatory returns due from investment firms, fund service providers and investment funds over the COVID-19 period.
- Lessons from the trenches: Tips from a leasing company’s chapter 11
Fixed-wing leasing companies should consider six tips for navigating a possible restructuring precipitated by the COVID-19 crisis. About a year ago, I completed the most exhausting marathon of my life serving as the chief lawyer during the cross-border restructuring and chapter 11 of Waypoint Leasing, an Ireland-based helicopter leasing company....
- Commercial contracts in Ireland and Irish parties to international contracts governed by civil law: points to bear in mind due to COVID-19
The essence of any contract is that the parties make a bargain involving mutual commitments. A decision by one or more parties not to honor any of those commitments, or the objective inability to do so, can thus lead to contractual disputes. COVID-19, categorized as a global pandemic by the WHO since 11 March 2020, has significantly affected an array of commercial contracts: interrupting supply lines, halting construction works and generally destabilizing business. It is clear that the occurrence of the virus was unforeseeable, unforeseen and is outside of the control of contractual parties. In common law jurisdictions like Ireland, the law approaches situations like these in two main ways.
- Establishing a Business Entity in Ireland (Updated)
I. Introduction - As a common law jurisdiction, Ireland’s legal system is similar to that of the US and the UK and businesses can be carried on in Ireland in several different ways, including as sole traders, partnerships or companies. Companies - A company is a body formed and registered under the Companies Act 2014, which has legal personality separate and distinct from its shareholders. There are various types of companies and each has its own distinct advantages and disadvantages... Please see full Chapter below for more information.
- Ireland, Luxembourg Add Guidance On COVID-19 And GDPR
Luxembourg- Employers should NOT: •require that employees communicate to them daily a statement of their body temperature or fill out medical sheets or questionnaires •have visitors or other external persons sign a declaration by which they certify that they have no symptoms of the coronavirus or that they have not recently traveled to a risk zone, etc...
- Irish Data Protection Commission conducts dawn raid to learn more about Facebook’s pending dating service
Report on Supply Chain Compliance 3, no. 5 (March 5, 2020) - On Feb. 3, Facebook Inc. informed the Irish Data Protection Commission (DPC) that it would be rolling out a new dating service Feb. 14. The DPC was concerned about lack of information regarding the service and the fact that Facebook had not conducted a data protection impact assessment in order to assess any risks.
- IRELAND: COVID-19 (Coronavirus) – Employer FAQs
The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions, compensation, immigration, and other employment issues.
- Yes – ICAV! Irish Minister for Finance Announces New Irish Corporate Fund Vehicle
The Irish Minister for Finance published the General Scheme of the Irish Collective Asset-management Vehicle (ICAV) Bill 2014, shortly before Christmas (20 December). The ICAV is a new corporate vehicle designed specifically for Irish investment funds, both UCITS and AIFs....
- Ticking all the Right Boxes! Irish Collective Asset Management Vehicles Act 2015 Signed into Law
The eagerly anticipated Irish Collective Asset-management Vehicles Act 2015 (the “ICAV Act”) was signed into law in March 2015 and the first Irish Collective Asset-management Vehicles (“ICAVs”) have been authorised by the Central Bank of Ireland (the “Central Bank”). The ICAV...
- Location Data Poses Risks To Individual Privacy Says Irish Regulator
With the proliferation of location-based app services like traffic alerts and ride-sharing programs, the collection of consumers’ location information has exploded in recent years. It comes as no surprise, therefore, that the Office of the Data Protection Commissioner (“DPC”) in Ireland issued...
- Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - Issue 4, 2017: Ireland
Central Bank Reviews Outsourcing Arrangements of Fund Administrators - The Central Bank completed a review on outsourcing carried out by Irish regulated Fund Administrators.......
- .IE registration rules to relax in March
In our earlier post we commented on IEDR´s (the Irish Registry for the .IE country code Top Level Domain) Public Consultation with a view to relaxing the registration policy for .IE domain names....
- UCITS Performance Fee Thematic Review
The Central Bank of Ireland (the “Central Bank”) recently issued an industry letter1 highlighting issues identified during its recent thematic review of the calculation and payment of performance fees by UCITS. The review was carried out in parallel to its consultation on potential amendments to...
- Central Bank of Ireland Approves Investment through China’s Bond Connect
On March 21, 2019, the Central Bank of Ireland (CBI) confirmed its approval of the use of Bond Connect for Irish-authorised UCITS and Alternative Investment Funds (AIFs). In addition, the CBI reiterated that Irish-authorised UCITS and AIFs acquiring Chinese bonds through Bond Connect must ensure...
- EU/UK trade and customs relationship in the new N. Ireland protocol
The EU-UK agreement reached on 17 October 2019 ("Agreement") revises the Irish backstop with a new protocol on Ireland/Northern Ireland ("NI protocol")....
- Establishing a Business Entity in Ireland (Updated)
I. Introduction - As a common law jurisdiction, Ireland’s legal system is similar to that of the US and the UK and businesses can be carried on in Ireland in several different ways, including as sole traders, partnerships or companies. Companies - A company is a...
- Moody’s Upgrade Points to Reopening of the Chilean Pension Market to Irish UCITS
It’s been a rocky road for Dublin over the past few years, but last month’s exit from the European Union-International Monetary Fund bailout and last Friday’s welcome news that Moody’s would follow Fitch and S&P by upgrading Irish sovereign debt to investment grade status will help smooth the...